DANSKIN, INC. v. C. I. R.

No. 224, Docket 28519.

331 F.2d 360 (1964)

DANSKIN, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided May 1, 1964.


Attorney(s) appearing for the Case

Bernard Weiss, New York City, for petitioner.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Alec A. Pandaleon, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before LUMBARD, Chief Judge, and WATERMAN and MARSHALL, Circuit Judges.


WATERMAN, Circuit Judge.

The principal question presented by this taxpayer's petition for review of a decision of the Tax Court of the United States is whether the owner of a trademark may treat legal expenses incurred in instituting and pressing to settlement an infringement action as deductible expenses under Section 162(a) of the Internal Revenue Code of 1954, or whether such charges must be regarded as a capital expenditure...

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